It’s Not Up To The BOP
Immigrants, undocumented illegals, whatever you want to call them – there seems to be a big problem in the Bureau of Prisons understanding the law and how it applies to this group of people.
Our friend Walt Pavlo over at Forbes.com, who writes the Prisonology column, wrote an article just the other day that discussed immigrant inmates and the First Step Act. The BOP routinely denies these inmates from the relief they’re entitled to.
Here at Federal Prison Tips, we recently assisted with Sanchez-Ledezma v. Warden Wingfield in the United States District Court for the Southern District of Mississippi. In that ruling, the Bureau of Prisons agreed that a detainer was not a final order of removal.
And, in fact, the only people who cannot benefit from the First Step Act (FSA), the Second Chance Act (SCA), or be given Halfway House placement time are those with a final order of removal.
This significant decision clarifies the fact that yes, immigrants, illegals, and undocumented inmates in federal prison are all entitled to FSA and SCA benefits provided they don’t have a final order of removal.
No matter what the BOP tries to say, a detainer is NOT a final order of removal.
If you have an undocumented inmate in federal prison, there are several steps you can take. The first is that you can file a motion and specifically mention the Sanchez-Ledesma v. Wingfield ruling. But, there’s also been traction for compassionate release motions being granted for inmates who are undocumented and want to be released to their home country or country of origin.
Give us a call – let’s see how we can help: 407-434-0175. We’re open 10am – 10pm EST Monday through Saturday, and 12pm – 7pm on Sunday.